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139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Offered the legal analysis on the subject issue, we have been on the view that the claim from the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle isn't legally audio, besides promotion and seniority, not absolute rights, They are really matter to rules and regulations Should the recruitment rules of the subject post allow the case of the petitioners for promotion can be considered, however, we have been clear within our point of view that contractual service cannot be considered for seniority and promotion since the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, subject to availability of vacancy topic on the approval of the competent authority.
Section 302 of the PPC deals with among the most major offenses in criminal legislation: murder. In this weblog post, we will delve into the provisions of Section 302, examine the punishment it entails, and review some notable case laws related to this particular section.
The ruling in the first court created case law that must be followed by other courts until or unless possibly new law is created, or perhaps a higher court rules differently.
The issue Here's that an accused may well say that they intended to injure the sufferer, but they didn't intend to eliminate them. In other words, they may claim that thedeath that resulted due to the accused’s attack was neither foreseeable nor meant.
thirteen. The Supreme Court has held that the moment the act of misconduct is proven as well as the employee is found guilty after because of process of law, it is the prerogative here of your employer to decide the quantum of punishment, away from the assorted penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness on the act of misconduct is just not satisfactory even so the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful manner. Read more
The legislation of necessity regarded and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called regulation of necessity..
Therefore, it was held that the right to some healthy environment was part of the fundamental right to life and right to dignity, under Article 9 and 14 of the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all this kind of amenities and amenities that a person is entitled to love with dignity, legally and constitutionally.
Whoever, with the intention of causing death OR with the intention of causing bodily injury to your person, by doing an act which during the ordinary course of nature is probably going to cause death, or with the knowledge that his act is so imminently hazardous that it must in all probability cause death, causes the death of your these person, is alleged to commit qatl-i-amd/murder”
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and shell out fixation are not entertainable for that reasons that this sort of matters are typically handled by administrative or service tribunals, plus the legal grounds for this petition are inadequate as such this petition is dismissed, which requires disputed claims and counterclaims on the topic post, therefore this court just isn't within a position to dilate upon these kinds of disputes in constitutional jurisdiction. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to your determination in the current case are called obiter dicta, which constitute persuasive authority but are usually not technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[4]